§ 113A-120.1. Variances. - North Carolina Statutes

§ 113A‑120.1. Variances.

(a)        Any person maypetition the Commission for a variance granting permission to use the person'sland in a manner otherwise prohibited by rules or standards prescribed by theCommission, or orders issued by the Commission, pursuant to this Article. Toqualify for a variance, the petitioner must show all of the following:

(1)        Unnecessaryhardships would result from strict application of the rules, standards, ororders.

(2)        The hardships resultfrom conditions that are peculiar to the property, such as the location, size,or topography of the property.

(3)        The hardships didnot result from actions taken by the petitioner.

(4)        The requestedvariance is consistent with the spirit, purpose, and intent of the rules,standards, or orders; will secure public safety and welfare; and will preservesubstantial justice.

(b)        The Commission mayimpose reasonable and appropriate conditions and safeguards upon any varianceit grants. (1989,c. 676, s. 8; 2002‑68, s. 1.)